On July 25th, the Judicial Council of Ateneo de Zamboanga University (AdZU) released on their official Facebook page the En Banc Resolution No. 2023 – 02, calling the suspension of the Board of College Governors (BOCG) for three (3) days, with the order to deliver a public apology addressed to Justine Paul Pangasi-an, appointee for Vice Chairperson for Student Development of the Ateneo Electoral Commission (AELECOM).
The El Consejo Atenista – Office of the Vice President and the Board of College Governors (ECA-OVP & BOCG) published a resolution declining the appointment of Mr. Pangasi-an as Vice Chairperson for Student Development of the AELECOM. Later that day, he filed a petition to the Office of the Ombudsman (OOMB) against the ECA-OVP & BOCG. At the end of June, the petition for Writ of Mandamus requested by the OOMB was granted by the Judicial Council. Nonetheless, on July 25, 2022 the BOCG was ordered to issue a public apology to Mr. Pangasi-an.
What happened after the decline of the appointment of Mr. Pangasi-an? Let us find out as The BEACON listed the timeline of key events involving the BOCG, OOMB, Judicial Council and their published resolutions in relation to the said issue.
June 16, 2022
The ECA-OVP & BOCG announced on their Facebook page the Resolution No. 003-2223: A Resolution Declining the Appointment of Mr. Justine Paul Pangasi-an as Vice Chairperson for Student Development of the AELECOM.
The resolution states that “…the President shall appoint and approve the members of the Cabinet, Judicial Council, Ateneo Electoral Commission, as well as the Commission of Audit and the Office of the Ombudsman”. In accord with that, Mr. Jason Julian Idlisan, El Consejo Atenista (ECA) President, appointed Mr. Justine Paul Pangasi-an as Vice Chairperson for Student Development of the AELECOM. Yet, the BOCG declined his appointment as he committed an act that violates the trust of the Board during his tenure as the Vice Chairperson in the last ECA 2022 General Elections. Moreover, the Commission of Appointments observed that Mr. Pangasi-an cannot perform the goals and ideals of AELECOM and the mission for a clean and honest election.
June 20, 2022
In line with the Resolution No. 003-2223, Mr. Pangasi-an filed a petition to the OOMB against the ECA-OVP & BOCG on account of wrongful allegations and overstatement of his behavior as the Vice-Chairperson of the AELECOM in the ECA 2022 General Elections.
The BOCG was indicted with a violation of Article XI, Section 2 of the ECA 2022 Constitution: “Every bonafide undergraduate student has the right to invoke other rights, privileges, immunities that the student possesses and reserves inherently or through laws and issuances.”
In the petition filed, it states that the Judicial Council is duty-bound to “work together with the Office of the Ombudsman and the Commission on Audit as necessary to render the accountability of El Consejo Atenista, its cabinet and auxiliary branches, and the Board of College Governors and units created within”. This is in accordance with Article VII, Section 3-L of the ECA 2022 Constitution. On the other hand, the ruling to this petition states that, on June 30, 2022 the OOMB requested the Judicial Council to issue a Writ of Mandamus to the BOCG to turn over the three (3) Zoom meetings wherein they discussed the appointment of Mr. Pangasian as evidence to the investigation. Nevertheless, pursuant Article VI, Section 3, Clause 1 of the Judicial Code of Administration, the Judicial Council has the power to release the Writ of Mandamus “to any office or officer of El Consejo Atenista, instructing it to perform an action or duty mandated by the constitution or by a governing document of El Consejo Atenista”.
June 30, 2022
The petition for Writ of Mandamus requested by the OOMB was granted by the Judicial Council.
The OOMB submitted Ombudsman Case 0001 to the Judicial Council concerning the appeal for an investigation of Resolution No. 003-2223 issued by the ECA-OVP & BOCG. The petitioner, Mr. Pangasi-an, deliberated the credibility of the verdict as the Board was not able to provide evidence to prove that he was guilty of the accusations thereof, and the Board has no jurisdiction over the affairs of elections.
July 25, 2022
The Judicial Council issued the En Banc Resolution No. 2023-02 suspending the BOCG of their duties as leaders of their respective Academic Organizations for three (3) regular academic days starting from July 26, 2022 to July 28, 2022. Furthermore, the BOCG is ordered to issue a public apology to Mr. Pangasi-an, the appellant, which is to be posted on the official Facebook page of the ECA-OVP & BOCG after consultation with the Judicial Council.
The resolution states that the Judicial Council has the right to “summon and order investigation, suspension, and impeachment of all elected and non-elected officials of El Consejo Atenista and Board of College Governors” as stipulated in the Article VII, Section 3-M of the ECA Constitution. It is also mentioned that the BOCG had the clear violation of Article XI, Section 2 of the ECA 2022 Constitution: “Every bonafide undergraduate student has the right to invoke other rights, privileges, immunities that the student possesses and reserves inherently or through laws and issuances.”
On the other hand, the BOCG violated the right to due process of the appellant and the respondents also failed to complete fair procedures in the appointment process of the appellant. Nevertheless, the Ombudsman Case 0001 established that they didn’t give an opportunity to the appellant to hear his side and seek for reconsideration despite conducting three (3) Zoom meetings/sessions discussing his appointment, also, no legal basis was provided to justify the decline of Mr. Pangasi-an’s appointment. Hence, the Board followed no concrete criteria in the approval or decline of the appointees and had no capacity-building session before publishing the resolution.
The appointment of Mr. Pangasi-an should proceed in the fourth session, however, as recommended by Ms. Erica Losabia, Mr. Pangasi-an was replaced by Mr. Reden Lacastesantos immediately. Furthermore, they failed to stipulate the need to discuss the matter concerning the 2022 ECA Elections involving the appellant being accused of negative campaigning and prejudices against Hon. Mustapha by respondents in the meetings of June 11 and 12.
However, the Judicial Council did not receive any complaint and petition that Mr. Pangasi-an was guilty of the accusation during the 2022 ECA General Elections to prove that he has a record of misconduct. The three (3) Zoom meeting recordings were required from the BOCG as their burden of proof that the appellant was declined and that Resolution No. 003-2223 was fair, but they failed to turn it over.
July 25-26, 2022
The members of the BOCG each published a memorandum posted on their respective Academic Organization’s Facebook pages regarding their sanction of a three-day suspension from their positions.
August 03, 2022
The ECA OVP & BOCG published a statement on their Facebook page on the Board’s decision to plead guilty and apology addressed to Mr. Justine Pangasi-an stating that they acknowledge the mistake on their part and will seek to ensure that every student will be afforded the right to due process moving forward.
The statement reads: “Therefore, we sincerely apologize to Mr. Justine Pangasi-an for overstepping our jurisdiction as the Commission on Appointments. From here onwards, we shall ensure that this mistake will no longer happen again in the future.”
Moreover, the Board also stated that they shall establish their own Code of Legislative Procedures working alongside the OOMB and Judicial Council as well as adopt a separate code of internal procedures for the Commission on Appointments for future appointees.
Sources:
Judicial Council – El Consejo Atenista – EN BANC RESOLUTION NO. 2023 – 02 (https://www.facebook.com/AdZUJC/posts/pfbid0piUkySWHEXBNVMu6xX5EZKQdhTjdHt7VhAa1qLfMVCexzhVzm9CcAErCzsWe8aDLl)
Full resolution: https://drive.google.com/file/d/1mBtH_r6sbhEpbFF84zVNfhF1hS4OQm3_/view?fbclid=IwAR3UEtvdXswuFJwJ6umykUzRb3UyAoVbeKUV6NodFOKWPlz-0VYovXRrYfM
Office of the Ombudsman – El Consejo Atenista – INVESTIGATION CASE NO. 0001 – 2023 I 07-25-22 (https://www.facebook.com/OOMBAdZU/posts/pfbid02LKbCFDqqqAYjrE7sLxB9Rb2ZY2BgHaVnya45y2TRdPacL4ypFxukAUGozx1ELS43l)
Complete documentation of the report: https://drive.google.com/file/d/1rnenP4NCQXCs3wVFSHUqp-bw-rP7iRPf/view?fbclid=IwAR3Snaw0SfIcH1x6VI8EXaqYWtIo4R_E4Rv1xHZjLePE1yQJqOZQFjmJq6k
Judicial Council – El Consejo Atenista – THE JUDICIAL COUNCIL GRANTS THE PETITION FOR WRIT OF MANDAMUS REQUESTED BY THE OFFICE OF THE OMBUDSMAN ON JUNE 30, 2022. (https://www.facebook.com/AdZUJC/posts/pfbid08Y3ajwrcbTfsPy7CzDbZqJ2ggZAV816e1a2yAUQhTyMxviPUttnUFuFoF9Dy56ggl)
Full documentation: https://drive.google.com/file/d/1QRFaEdS6en4iODwv8UGgMUmsEMui_NPE/view?fbclid=IwAR0A5IiHBcbygH-aUp98soOcjJNL_ObWV9a9HCzs8iUmvVVagbej9kX7SAM
ECA – Office of the Vice President and the BOCG – RESOLUTION NO. 003-2223 (https://www.facebook.com/OVPandBOCGAdZU/posts/pfbid02KDvN54qEbCHdMMF5WbmW2RyFA1Vj7AkrHA3bc4V4Y8EwBYYqwJ9EDN7By69d9Rfgl)
ECA – Office of the Vice President and the BOCG – A STATEMENT ON THE BOARD’S DECISION TO PLEAD GUILTY AND APOLOGY ADDRESSED TO MR. JUSTINE PANGASI-AN (https://www.facebook.com/OVPandBOCGAdZU/posts/pfbid03rnELovZZ3mDD9WWhKf5F9eritUQeVz3fdkkg5RBKeAit1W8xPBWZ54KhJUNfkcol)
| via Raihana Habbi and Asia Jainal Abidin, The BEACON
